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Do they sometimes do a FINAL deny of US Applications for trademarks if it is too similar with out contacting the applicant.
Ursa, IL
Viewed 75 times.
Posted 4 months ago in Trademark Application
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If my USA trademark application is refused registration on the grounds of likelihood of confusion, will I receive an "office action" to respond or will it be automatically declined? Would I at least have an option to respond before final decline?
I filed about 40 categories in the same class. I expect some problems from what I've learned now. Will I be given the chance to delete some conflicts later? They might all be declined too. Will they still give me a chance to cancel it rather than deny it right away in that case. I would not want it to show denied because of likelihood of confusion. I wanted to know if I would have the chance to cancel it with the examining attorney if a problem exists and show abandoned rather than denied. It's a strange question I know. Abandoned is ok. Answers (5)
Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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The USPTO gives you notice and allows you to respond to their actions. Copies of documents detailing withdrawals, denials, and all other information, both positive and negiative. that are filed and part of your trademark prosecution history will be online, if you know where to look.
You're best off consulting with a trademark lawyer to avoid any further missteps. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. 
Laura Mcfarland-Taylor
This attorney is licensed in Illinois.
Posted 4 months ago.
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I agree with Ms Koslyn - you will receive an Office Action and you will have time to respond. If this mark is important to you then you should hire a trademark attorney to respond to any Office Action you may receive - they are not for the faint of heart.
Gerry J. Elman
This attorney is licensed in New York and 1 other state.
Posted 4 months ago.
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No. Within about six months of the date a federal trademark application is filed, a Trademark Examining Attorney at the trademark office will issue a written Action explaining why the application may be deficient. The applicant then has up to six months to respond, either amending the application to fix any problems or explaining why the Trademark Examining Attorney is wrong in asserting that there is a deficiency in the application. The Action will show the phone number of the Trademark Examining Attorney, and it is often appropriate to phone him/her to clarify the matter.
A link to the official Trademark Manual of Examing Practice is appended to this response on Avvo.com. As you will see, the rules are complicated, so it would be appropriate for you to consult an attorney who regularly practices before the U.S. Patent and Trademark Office to help with the matter you asked about. Disclaimer: No attorney-client relationship is formed by this public discussion of legal issues. To obtain legal advice, one should engage counsel and disclose all pertinent facts confidentially. 
Daniel Nathan Ballard
This attorney is licensed in California.
Posted 4 months ago.
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I echo the refrain that you need to hire a trademark attorney. As for whether you can voluntary abandon your application, the answer is yes. See < http://bit.ly/XP902 >.
Daniel Nathan Ballard
This attorney is licensed in California.
Posted 3 months ago.
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It seems that the link I provided isn't working. Try < http://bit.ly/JhwQL > It links to section 718.01 of the Trademark Manual of Examining Procedure.
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